Procedural/Document Question

[CJane]

What is the name of your state (only U.S. law)? MO

I think I know the answer to this, but I want to toss it out there.

I'm filing a motion to modify, after Father has chosen to have minimal contact with the girls for over 18 months. Only contact has been a few text messages exchanged, one dinner with the youngest, and one dinner with both girls. He's placed one phone call to me, and he and I have had one dinner together to try to get at the root of the issues between him and the girls.

Currently, by court order, he still has sole legal custody, we have joint physical custody, and the children should be living primarily with him. Obviously, the status quo is a bit different than that.

I have recently found out that he's listed his house on the market and that the house is currently unoccupied - which I assume means that he's moved away. To where, I have no idea.

SO. In my motion, I've said "Father has recently listed his house on the market, and has relocated". Should I include a print out of the MLS listing, or just be prepared to provide evidence of the listing in court? Also, I've indicated that Father admitted, in an affidavit to DSS (social services/child support enforcement) that he voluntarily relinquished custody of the children to me on March 7, 2012. Do I need to include that affidavit with the motion?

I don't want to go attaching a bunch of superfluous paperwork and irritate the clerk/judge. I'm thinking the motion should just be my assertions as to the change in circumstances, the statutory requirements of establishing subject matter jurisdiction, and an attached proposed parenting plan and child support worksheet. If I'm correct, I'm at 7 relatively concise pages including the signature/verification sheet and the child support worksheet. If I start including things that - in my mind - are better presented in court, I'm going over 20 pages pretty fast, and I just *know that it's not going to be read/deemed credible once it becomes a packet rather than a stapled document.

Thoughts?

 

[LdiJ]

What is the name of your state (only U.S. law)? MO

I think I know the answer to this, but I want to toss it out there.

I'm filing a motion to modify, after Father has chosen to have minimal contact with the girls for over 18 months. Only contact has been a few text messages exchanged, one dinner with the youngest, and one dinner with both girls. He's placed one phone call to me, and he and I have had one dinner together to try to get at the root of the issues between him and the girls.

Currently, by court order, he still has sole legal custody, we have joint physical custody, and the children should be living primarily with him. Obviously, the status quo is a bit different than that.

I have recently found out that he's listed his house on the market and that the house is currently unoccupied - which I assume means that he's moved away. To where, I have no idea.

SO. In my motion, I've said "Father has recently listed his house on the market, and has relocated". Should I include a print out of the MLS listing, or just be prepared to provide evidence of the listing in court? Also, I've indicated that Father admitted, in an affidavit to DSS (social services/child support enforcement) that he voluntarily relinquished custody of the children to me on March 7, 2012. Do I need to include that affidavit with the motion?

I don't want to go attaching a bunch of superfluous paperwork and irritate the clerk/judge. I'm thinking the motion should just be my assertions as to the change in circumstances, the statutory requirements of establishing subject matter jurisdiction, and an attached proposed parenting plan and child support worksheet. If I'm correct, I'm at 7 relatively concise pages including the signature/verification sheet and the child support worksheet. If I start including things that - in my mind - are better presented in court, I'm going over 20 pages pretty fast, and I just *know that it's not going to be read/deemed credible once it becomes a packet rather than a stapled document.

Thoughts?

I understand why you want to keep the paperwork to a minimum, but my gut says that including the listing proving his house is on the market and the copy of the affidavit are important enough that they should be included.

How are you going to serve him?

 

[CJane]

I understand why you want to keep the paperwork to a minimum, but my gut says that including the listing proving his house is on the market and the copy of the affidavit are important enough that they should be included.

How are you going to serve him?

I haven't figured out service yet. I wasn't going to file anything at all - probably ever. Oldest will be 17 soon, and it seemed best not to poke at the proverbial cat. But if he's leaving the area - or has already left - and hasn't communicated that to anyone - I think I don't have a choice. Granted, he's not obligated to notify me of a relocation if he has no intention of relocating the CHILDREN, rather, he's obligated to inform me within a certain time-frame of his new address.

If it becomes absolutely necessary, I can have him served at work.

 

[TinkerBelleLuvr]

You have to present to the other side the information that will be introduced into court. Whether you do it as part of the packet, or in court, I think is a preference. In my recent court hearings, I've presented everything in court.

 

[TinkerBelleLuvr]

The more I think of it, don't include it. You are filing a motion with the intent to prove your case in court. Yes, you can file the evidence before hand to the opposing party, but you don't have to include it in the initial filing.

It's no different than a criminal case where the file the initial paperwork with what you are charged with. Then, when you get to court, they present the evidence.

 

[CJane]

The more I think of it, don't include it. You are filing a motion with the intent to prove your case in court. Yes, you can file the evidence before hand to the opposing party, but you don't have to include it in the initial filing.

It's no different than a criminal case where the file the initial paperwork with what you are charged with. Then, when you get to court, they present the evidence.

That's along the lines of what I'm thinking. This is a very carefully parsed motion. I've left out everything except the bare bones of the fact that the kids have been with me for nearly 18 months with no parenting time exercised on his behalf, he's admitted to the state that the children haven't lived with him since March 2012, and he's listed his house/the house is vacant. All the 'dirty laundry' of what led up to this point is no longer included, and I've no interest in mucking about in the trenches. I've gone one step farther than 'just the facts', and gone with 'just the facts as they matter right this minute'.

 

[CSO286]

That's along the lines of what I'm thinking. This is a very carefully parsed motion. I've left out everything except the bare bones of the fact that the kids have been with me for nearly 18 months with no parenting time exercised on his behalf, he's admitted to the state that the children haven't lived with him since March 2012, and he's listed his house/the house is vacant. All the 'dirty laundry' of what led up to this point is no longer included, and I've no interest in mucking about in the trenches. I've gone one step farther than 'just the facts', and gone with 'just the facts as they matter right this minute'.

Let him be the one flinging mud. You just present your facts and evidence calmly, rationally and clearly.

Keep your moving papers short, sweet and to the point.

 

[TinkerBelleLuvr]

That will be much cleaner IMHO. All the "dirty laundry" can come out in court. The motions are public.

 

[LdiJ]

That's along the lines of what I'm thinking. This is a very carefully parsed motion. I've left out everything except the bare bones of the fact that the kids have been with me for nearly 18 months with no parenting time exercised on his behalf, he's admitted to the state that the children haven't lived with him since March 2012, and he's listed his house/the house is vacant. All the 'dirty laundry' of what led up to this point is no longer included, and I've no interest in mucking about in the trenches. I've gone one step farther than 'just the facts', and gone with 'just the facts as they matter right this minute'.

I don't feel strongly about it one way or the other, but the affidavit does prove that he admitted that the children have been living with you since March 2012, and he knows he made that affidavit, so its no surprise to him. The listing proves that his house is for sale, and that is no surprise to him either. Neither includes any dirty laundry nor does anything other than back up your carefully parsed motion.

 

[CJane]

I don't feel strongly about it one way or the other, but the affidavit does prove that he admitted that the children have been living with you since March 2012, and he knows he made that affidavit, so its no surprise to him. The listing proves that his house is for sale, and that is no surprise to him either. Neither includes any dirty laundry nor does anything other than back up your carefully parsed motion.

I don't actually have the affidavit. I have a letter, addressed to me, indicating that my child support to him has been abated after receipt by DSS of his affidavit. So it's not like it's a first-hand document.

If I do elect to include these two additional documents, what is the correct way to do so? A notation that says "see addendum #1", or something along those lines?

 

[TinkerBelleLuvr]

Did any of the prior motions that were filed include any of that?

 

[TinkerBelleLuvr]

http://www.leightravis.com/writepetition.htm - I know this is Michigan, but the writing of the motion is the same. It shows how to handle the "exhibits"

 

[LdiJ]

I don't actually have the affidavit. I have a letter, addressed to me, indicating that my child support to him has been abated after receipt by DSS of his affidavit. So it's not like it's a first-hand document.

If I do elect to include these two additional documents, what is the correct way to do so? A notation that says "see addendum #1", or something along those lines?

Ok, if you don't have the actual affidavit, I agree with the others. Don't include them. Just have them available if needed in court. There is little chance that he is going to lie about either issue, so you may not need them.